Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Wednesday, May 29, 2024 | Back issues
Courthouse News Service Courthouse News Service

Class Claims Mattresses Emit Chemicals

SAN FRANCISCO (CN) - Tempur-Sealy mattresses and pillows emit volatile organic compounds, including formaldehyde, that have given customers allergic reactions, a class action claims in Federal Court.

Lead plaintiff Michael Dodson sued Tempur-Sealy and Tempur-pedic North America, seeking class certification, punitive damages for violations of California business law, restitution, a constructive trust and an injunction.

"Tempur-pedic pillows and mattresses can and do emit a chemical odor caused by volatile organic compounds ('VOCs') off-gassing from Tempur-pedic's products," the lawsuit states. "Tempur-pedic admits this fact in some of its sales and marketing materials but downplays its significance and routinely omits telling its potential and actual customers that numerous past Tempur-pedic customers have complained about the odor. Tempur-pedic also omits telling its potential and actual customers that numerous past customers have reported allergic symptoms and reactions that those customers attribute to the chemicals off-gassing from Tempur-pedic's products.

"Instead of providing its potential and actual customers with all the material facts available to Tempur-pedic and training its retail distribution network and its own retail sales and marketing representatives with all the material facts available to Tempur-pedic concerning its past customer complaints of allergic reactions to Tempur-pedic's products, Tempur-pedic has stated: 'Your new mattress may have a slight odor remaining from our manufacturing process. This is normal. It's completely harmless and will dissipate in a few days.' To the contrary, however, Tempur-pedic has known since at least March of 2007, and possibly earlier, that its Tempur-pedic customers have complained both of significant odor problems that last for months and of allergic reactions from Tempur-pedic products."

One of the VOCs the mattresses emit is formaldehyde, a "known human carcinogen," according to the complaint. Yet since 2007 the company has claimed that its products are "allergen resistant," Dodson says in the 66-page lawsuit.

The proposed class is represented by Allen Stewart, of Dallas.

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.